by Fred Sisto | Sep 26, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Chief Justice Roberts continued in relevant part: The Court reviewed the history of American gun laws extensively in Heller and Bruen. At common law people were barred from misusing weapons to harm or menace others. Such conduct was often addressed through ordinary...
by Fred Sisto | Sep 24, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Court continued in relevant part: The right to keep and bear arms is among the “fundamental rights necessary to our system of ordered liberty.” McDonald v. Chicago, 561 2 U.S. 742, 778. That right, however, “is not unlimited,” District of Columbia v. Heller, 554...
by Fred Sisto | Sep 22, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 21, 2024, the United States Supreme Court decided the case of U.S. v. Rahimi. The principal issue before the Court concerned when a domestic violence restraining order is a basis to prohibit firearm possession. Chief Justice Roberts wrote for the 8-1 majority...
by Fred Sisto | Sep 20, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The 6-3 majority concluded with the following in relevant part: Diaz’s counterarguments are unpersuasive. She first argues that Agent Flood functionally stated an opinion about whether she knowingly transported drugs when he opined that most couriers know that they...
by Fred Sisto | Sep 18, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Thomas continued in relevant part: Expert testimony that “most people” in a group have a particular mental state is not an opinion about “the defendant” and thus does not violate Rule 704(b). Federal Rule of Evidence 704(a) sets out a general rule that “an...
